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VIII. the CODE 8.01 Tournament Obligations A

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VIII. the CODE 8.01 Tournament Obligations A VIII. THE CODE 8.01 Tournament Obligations A. Application Requirements Each tournament agrees to comply with all provisions contained in the ATP Tour Tournament and ATP Challenger Tour Applications where applicable. B. Ranking Based Entry Each tournament agrees to accept entries of tennis players on the basis of the ATP Rankings and the ATP Doubles Rankings. C. Other Circuit Each ATP Tour tournament and ATP Challenger Tour tournament agrees to refrain from being advertised or promoted as part of any other circuit or series of tourna- ments, unless expressly authorized by ATP. D. Promotional Fees 1) ATP Tour 500 and ATP Tour 250 tournaments have the option to offer fees for pro- motional services. No other ATP Tour or ATP Challenger Tour tournament owner, operator, sponsor or agent is permitted to offer, give or pay money or anything of value, nor shall the tournament permit any other person or entity to offer, give or pay money or anything of value to a player, directly or indirectly, to influence or assure a player’s competing in a tournament, other than prize money, unless authorized to do so by ATP. 2) In the event the President or Executive Vice President - Rules & Competition believes that a tournament may be violating this section, then upon demand, the tournament must furnish to the Executive Vice President - Rules & Competition or his agent access to and copies of all records to which it has access relating to such alleged prohibited compensation or, in the absence of such records, an affi- davit setting forth the facts in detail with respect to any transaction under question by the Executive Vice President - Rules & Competition. In the event a tournament fails to provide such records or affidavit for such audit, it may be subject to a fine up to $50,000 and termination of membership, pending compliance with such demand. 3) Violation of this section shall subject the tournament to a fine up to $50,000 plus the amount or value of any such compensation, and termination of membership, and/or forfeiture of all sums, if any, previously paid to ATP. E. Security at Tournaments Each tournament has the responsibility to provide security at the tournament site. Players have the responsibility to report any threat or unusual occurrence to the Tournament Director. F. Tournament Report Each ATP Tour and ATP Challenger Tour tournament shall submit to ATP a report of the tournament and its affairs as requested by ATP. 167 VIII. THE CODE G. Wagers and On-Site Tennis Betting 1) No ATP Tour or ATP Challenger Tour tournament, ATP member or any person who directly or indirectly has a controlling ownership interest therein or who is the Designated Representative (as defined in the ATP By-Laws) or Tournament Director or other employee or agent of an ATP Tour or ATP Challenger Tour tour- nament or ATP member (excluding employees or agents who do not have exec- utive or material management authority) shall engage in any form of gambling or wagering in connection with any ATP Tour or ATP Challenger Tour tournament. 2) On-Site Tennis Betting. No ATP Tour or ATP Challenger Tour tournament shall, directly or indirectly, solicit or facilitate any person to wager on tennis matches while at the tournament site. Allowing betting companies, directly or through a third party, to accept any tennis wagers (electronically or otherwise) at the tourna- ment site or any tournament related event is prohibited. H. Wild Cards No ATP Tour or ATP Challenger Tour tournament, or any person who directly or indi- rectly has a controlling ownership interest therein or who is the Designated Repre- sentative (as defined in the ATP By-Laws) or Tournament Director or other employee or agent of an ATP Tour or ATP Challenger Tour tournament shall directly or indirectly, accept compensation in exchange for a wild card. 8.02 Tournament Standards Violations No ATP Tour or ATP Challenger Tour tournament shall violate any provision of ATP’s rules and regulations. Unless otherwise specified, a violation of this section shall subject the tournament to a fine up to $100,000. A. On-Site On-site violations may include, but are not limited to, tournament obligations spec- ified in the current ATP Official Rule Book under sections titled ATP Circuit Regula- tions, Branding, Financial, Personnel and Facilities & On-Site Conditions. B. Security at Tournaments Each tournament has the responsibility to provide security at the tournament site. Tournaments must submit their security plan sixty (60) days in advance to the ATP Security Director. C. Tournament Report Each ATP Tour and ATP Challenger Tour tournament shall submit to ATP a report of the tournament and its affairs as requested by ATP. D. On-Site Tennis Betting No ATP Tour or ATP Challenger Tour tournament shall, directly or indirectly, solicit or facilitate any person to wager on tennis matches while at the tournament site. Allow- ing betting companies, directly or through a third party, to accept any tennis wagers (electronically or otherwise) at the tournament site or any tournament related event is prohibited. 168 VIII. THE CODE E. Determination of Violation and Penalty The EVP – Rules & Competition shall make a reasonable investigation to determine the facts regarding all tournament on-site offenses. Upon determining that a violation has occurred, the EVP – Rules & Competition shall specify the fine and/or other pun- ishment in written notice to the tournament. The tournament shall have the right to appeal such determination to the ATP President, or his designee, consistent with the procedures outlined in the Code. F. Payment of Fines Fines levied by the EVP – Rules & Competition for tournament on-site offenses shall be paid in accordance with the following: 1) ATP Tour and ATP Challenger Tour Tournaments. Each tournament shall promptly pay the fine to ATP. 2) The tournament may authorize ATP to withhold the amount of the fine from any monies owed the tournament by ATP. 3) If the monies owed to the tournament are insufficient to pay the fine, the tourna- ment shall pay the balance within twenty-one (21) days after receiving written notice of the fine. G. Procedures for Appeal 1) Any tournament in violation of a tournament on-site offense may, after paying all fines, appeal to the ATP President, or his designee, for review of a determination of guilt and the penalty assessed. 2) Such appeal shall be in accordance with the procedure specified in Section 8.03 F. 4. 8.03 Tournament Major Offenses No ATP Tour or ATP Challenger Tour tournament shall violate any provision of ATP’s rules and regulations contained below under the Tournament Major Offense section of the current ATP Official Rule Book. Unless otherwise specified, violation of this section shall subject the tournament to a fine up to $250,000, plus any additional financial penalties specified in other rules, and/or change in membership status, and/ or forfeiture of all sums, if any, previously paid to ATP. A.Conduct Contrary to the Integrity of the Game The favorable reputation of ATP, its tournaments and players is a valuable asset and creates tangible benefits for all ATP members. Accordingly, it is an obligation for ATP Tour or ATP Challenger Tour tournaments, owner(s), promoter(s), operator(s) or rep- resentative(s) thereof, to refrain from engaging in conduct contrary to the integrity of the game of tennis. Conduct contrary to the integrity of the game shall include, but not be limited to, comments to the news media publicized comments that unreasonably attack or disparage any person or group of people, a tournament, sponsor, player, official or ATP. Responsible expressions of legitimate disagreement with ATP policies are not pro- hibited. However, public comments that one of the stated persons above knows, 169 VIII. THE CODE or should reasonably know, will harm the reputation or financial best interests of a tournament, player, sponsor, official or ATP are expressly covered by this section. Violation of this section shall subject a tournament to a fine up to $100,000, and/or loss or chan B. Aggravated Behavior 1) No ATP Tour or ATP Challenger Tour tournament, or any person who directly or indirectly has a controlling ownership interest therein or who is the Designated Representative (as defined in the ATP By-Laws) or Tournament Director or other employee or agent of an ATP Tour or ATP Challenger Tour tournament shall en- gage in aggravated behavior which is defined as follows: a) One incident of behavior that is flagrant and particularly injurious to the suc- cess of the ATP or its members or is singularly egregious. b) A series of two (2) or more violations of this Code in consecutive years which singularly do not constitute aggravated behavior, but when viewed together establish a pattern of conduct that is collectively egregious and is detrimental or injurious to ATP and/or its members. C. Promotional Fees 1) ATP Tour 500 and ATP Tour 250 tournaments have the option to offer fees for pro- motional services. No other ATP Tour or ATP Challenger Tour tournament owner, operator, sponsor or agent is permitted to offer, give or pay money or anything of value, nor shall the tournament permit any other person or entity to offer, give or pay money or anything of value to a player, directly or indirectly, to influence or assure or entice a player’s competing in a tournament or event within the tourna- ment, other than prize money, unless authorized to do so by ATP. 2) In the event the President or Executive Vice President - Rules & Competition believes that a tournament may be violating this section, then upon demand, the tournament must furnish to the Executive Vice President - Rules & Competition or his agent access to and copies of all records to which it has access relating to such alleged prohibited compensation or, in the absence of such records, an affi- davit setting forth the facts in detail with respect to any transaction under question by the Executive Vice President - Rules & Competition.
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